PUBLIC SCHOOL LAW 



OF 



NORTH CAROLINA. 



CHAPTER 15 OF THE CODE. AS AMENDED BY LAWS OF 1885^ 
1889, 1891 AND 1893, AND OTHER STATUTES. 



ISSUED IN PURSUANCE OF LAW 
BY THE 

Superintendent of Public Instruction. 



RALEIGH: 

JOSEPHUS Daniels, State Printer and Binder, 

Presses of Edwards & Broughton. 

1893. 



U 3 ^ G f 



PREFACE. 



Section 2540 of The Code requires the Superintendent of 
Public Instruction to " have the school laws published in 
paniphlet form and distributed on or before the first day of 
April of each year." As the Assembly meets only biennially, 
this edition will embody the law for two years, and until 
changed by future sessions of the Assembly. 

Chapter 15 of The Code contained the public school law 
in full. Since its enactment, the only changes are those 
made by the Assemblies of 1885, 1889, 1891 and 1893. So 
far as these changes are amendments to the sections of The 
Code, they are embodied in sections of the same numbers in 
this edition of the school law. Other changes will be found 
in this pamphlet under the appropriate headings. Attention 
is called to the list of books adopted by the State Board of 
Education, and to the statute requiring these books to be 
used in all the public schools. 

For convenience of reference, the explanations and instruc- 
tions of the Superintendent of Public Instruction are placed 
in the form of foot-notes on the same pages containing the 
corresponding sections of the law. 

Copies of this pamphlet will be furnished to all the school 
officers. U[)on going out of office, they will deliver them, 
and all books and blanks to their successors. 

JOHN C. SCARBOROUGH, 
Superintendent of Public Instruction. 

Raleigh, N. C, August 1, 1893. 



PUBLIC SCHOOL LAW 



OF 



NORTH CAROLINA 



FROM THE CODE, AS AMENDED BY LAWS OF 1885, 1889, 1891 

AND 1893, WITH NOTES AND INSTRUCTIONS BY THE 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 



Sec. 2535. Apportionment of shool fnnd. 

The state board of education shall, on the first Monday in 
August of each and every year, apportion among the several 
counties of the state all the school funds which may be then 
in the treasury of the said board, and order a warrant for 
the full apportionment to each county, which said apportion- 
ment shall be made on the basis of the school population. 

Sec. 2536. Auditor to keep separate account of public school fund. 

The state auditor shall keep a separate and distinct account 
of the public school funds, and of the interest and income 
thereof, and also of such moneys as may be raised by state, 
county and capitation tax, or otherwise, for school purposes. 

Sec. 2537. When and how warrant issued for school fnnd due any 
county. 

Upon the receipt of the requisition of the treasurer of any 
county, duly approved by the chairman and secretary of the 
county board of education, forthe school fund which may 
have been apportioned to said county, the state board of 
education shall issue its warrant on the state auditor for the 
sum due said county; whereupon the said auditor shall draw 
his warrant on the treasurer of the state board of education 
in favor of such county treasurer for the amount set forth in 
the warrant of the said state board. 



Sec. 2538. State treasurer to hold school f nuds as a special deposit ; 
when and how paid ont. 

The state treasurer shall receive and hold as a special 

deposit all school funds paid into the treasury, and pay them 

out only on the warrant of the state auditor, issued on the 

order of the state board of education in favor of a county 

treasurer, duly indorsed by the county treasurer in whose 

favor it is drawn, and it shall be the only valid voucher in 

the hands of the state treasurer for the disbursement of school 

funds. 

Sec. 2539. Board to recommend text-books to be nsed in public 
schools j proviso. 

The state board of education shall recommend a series of 
text-books to be used in the public schools for a term of three 
years, and until otherwise ordered : Provided, the county 
board of education shall take care that changes from books 
now in use to those recommended do not work great incon- 
venience or expense to parents, guardians or pupils : Pro- 
vided further, no sectarian or political books shall be used in 
the public schools : Provided, also, the prices of the books 
recommended be fixed by the state board of education for 
the whole term for which they shall be used. 

Note. — See appendix for information and instructions on this subject. 
Also section 32, ciiapter 199, Acts of 1889, 

Sec. 2540. Duties of superintendent of public instruction. 

The superintendent of public insttuction shall have the 
school laws published in pamphlet form and distributed on 
or before the first day of April of each year; shall have 
printed all the forms necessary and proper for the purposes of 
this chapter, and shall look after the school interest of the 
state, and report biennially to the governor, at least five days 
previous to each regular session of the general assembly, 
which report shall give information and statistics of the 
public schools, and recommend such improvement in the 
school law as may occur to him. He shall keep his ofiice at 



the seat of government, and shall sign all requisitions on the 
auditor for the payment of money out of the state treasury 
for school purposes. Copies of his acts and decisions, and of 
all papers kept in his oflBce and authenticated by his signa- 
ture and official seal, shall be of the same force and validity 
as the original. He shall be furnished with such room, fuel 
and stationery as shall be necessary for the efficient discharge 
of the duties of his office. 

Sec. 2541. Duty of superintendent to direct operations of system of 
public schools, etc. 

The superintendent of public instruction shall direct the 
operations of the system of public schools and enforce the 
laws and regulations in relation thereto. It shall be his duty 
to correspond with leading educators in other states, and to 
investigate the systems of public schools established in other 
states, and, as far as practicable, render the results of educa- 
tional efforts and experiences available for the information 
and aid of the legislature and state board of education. 

See. 2542. (As amended by the Laws of 1885 and 1889.) Duty of super- 
intendent to learn and supply educational wants^ etc. ; expenses 
allowed. 

It shall be the duty of the superintendent of public 
instruction to acquaint himself with the peculiar educational 
wants of the several sections of the state, and he shall take 
all proper means to supply said wants, by counseling with 
county boards of education and county superintendents, by- 
lectures before teachers' institutes, and by addresses to public 
assemblies on subjects relating to public schools and public 
school work, and he shall be allowed for traveling expenses 
and for additional clerical assistance five hundred dollars 
per annum. 

See. 2543. Funds appropriated for establishing and maintaining sys- 
tem of free schools to be paid into state treasury. 

The proceeds of all lands that have been or may hereafter 

be granted by the United States to this state, and not other- 



wise appropriated by this state or the United States, also all 
moneys, stocks, bonds and any other property now belonging 
to any state fund, for the purposes of education, also the net 
proceeds of sales of swamp lands belonging to the state, and 
all other grants, gifts or devises that have been made or here- 
after may be made to this state, and not otherwise appropri- 
ated by this state or by the terms of the grant, gift or devise, 
shall be paid into the state treasury, and, together with so 
much of the ordinary revenue of the state as may be set 
apart for that purpose, shall be faithfully appropriated for 
establishing and maintaining a system of free public schools, 
as established in pursuance of the constitution. 

Sec. 2544. (Is ameuded by chapter 199, Laws of 1889.) Fnnds so 
appropriated to be paid into couutj school fuu9. 

All moneys, stocks, bonds and other property belonging 
to a county school fund, also the net proceeds from sales of 
estrays, also the clear proceeds of all penalties and forfeitures, 
and of all fines collected in the several counties for an}' breach 
■of the penal or military laws of the state; and all moneys 
which shall be paid by persons as equivalent for exemption 
from military duties; also the net proceeds of any tax im- 
posed on licenses to retailers of wines, cordials or spirituous 
liquors and to auctioneers, shall belong to and remain in the 
several counties and shall be faithfully appropriated for 
establishing and maintaining free public schools in the several 
oounties as established in pursuance of the constitution: Pro- 
vided, the amount collected in each county shall be reported 
annually to the state superintendent of public instruction. 
The solictors of the several judicial districts, criminal and 
inferior courts, shall prosecute all penalties and forfeited 
recognizances entered in their courts respectively, and as 
compensation for their services, shall receive a sum to be 
fixed by the court, not less than five per centum of the 
amount collected upon such penalty or forfeited recognizance 
for the collection of which execution was found to be neces- 
sary. 



Note.— Special attention is called to sections 724, 735, 726, 737, 738, 
764, 906 and 3678 of The Code. Treasurers and county boards of educa- 
tion will use all proper means to see that the full amount of fines, 
forfeitures and penalties and the liquor tax due shall go to the school 
fund. Their attention is also directed to the constitution, article 9, 
section 5, and to Revenue Act of 1893, sections 43 and 43, as follows: 

" Section 43. Whenever any officer, including justices of the peace, 
receives or collects a fine, penalty or forfeiture in behalf of the state, 
or any tax imposed on licenses to retailers of wines, cordials malt or 
spirituous liquors and auctioneers, he shall within thirty days after 
such reception or collection pay over and account for the same to the 
treasurer of the county board of education for the benefit of the fund 
for common schools in such county. 

"Section 43. Any officer, including justices of the peace, convicted 
of violating the preceding section, or of appropriating to his own use 
the state, county, school, city or town taxes, shall be guilty of embez- 
zlement, and may be punished not exceeding five years in the state 
prison, at the discretion of the court." 

A large amount of school money is derived from fines, forfeitures and 
penalties, and from taxes on the licenses for the sale of liquors. I am 
satisfied that a still larger amount may be obtained from these sources 
by a strict enforcement of the law. See section 33, Revenue Act of 1893. 

All forfeited recognizances belong to the school fund, and school 
officers should see that they are collected. 

Section 1225 of The Code makes it the duty of the solicitor, under the 
direction of the court, to prosecute to collection any forfeited recogni- 
zance under a peace warrant. The last part of section 2544 is an amend- 
ment by Acts of 1889, and provides specially for the prosecution of 
forfeitures. 

Sec. 2545. (As amended by the Laws of 1885 and 1889.) Conuty board 
of education ; officers. 

The justices of the peace and the county commissioners of 
each county, at their next regular joint session as provided 
by law, and biennially thereafter at such regular joint ses- 
sion, shall elect a county board of education, to consist of three 
residents of their county, who shall be men of good moral 
character, and who shall be qualified by education and 
experience and interest to specially further the public educa- 
tional interests of their county. They shall file with the 
county commissioners an oath to faithfully discharge the 
duties of their office. Those first elected shall file such oath 



10 



on the first Monda3^of the month next succeeding their elec- 
tion, and shall hold their office until the first Monday in 
December, eighteen hundred and eighty-seven, and until 
their successors are elected and qualified. From and after the 
said first Monday in December, one thousand eight hundred 
and eighty -seven, the regular term of office shall be two 
years. They shall elect one of their number chairman, and 
the county superintendent of public instruction shall be 
secretary, and the county treasurer shall be treasurer of said 
board. The secretary shall record all the proceedings of the 
board in books to be supplied by the state superintendent of 
public instruction. A majority of the board shall constitute 
a quorum for the transaction of business. The compensa- 
tion of each member of the board shall be not exceeding two 
dollars per day and the mileage allowed to county commis- 
sioners. The county commissioners shall provide a suitable 
office for said board at the county seat. Any vacancies in 
the board shall be filled by the county commissioners. The- 
said board shall be a body corporate, with power to sue and 
be sued, and to take, receive and convey property, real and 
personal, for the purpose of more effectually performing the- 
duties imposed upon them. 

Note. — It will be seen by reference to section 717 of The Code, that 
the justices of the peace and the county commissioners are required 
to hold a joint meeting on the first Monday in June of every year. In 
June, 1889, at this joint meeting, and every two years thereafter, the 
justices and the commissioners are required to elect a county board of 
education. Too much importance cannot well be attached to this elec- 
tion. Upon a judicious selection of competent men will depend the 
welfare of the educational interest of the county. The law gives them 
large discretion in the management of the funds and school matters, 
generally, and therefore an earnest appeal is made to the joint boards to- 
select men of wisdom, and men who are specially friendly to the public 
school intei'ests. The policy of the law as amended by the Assembly of 
1885, and now in force, contemplates vesting in the respective counties 
more authority in the management of school affairs than has heretofore 
obtained. Counties that use this authority wisely will rapidly advance- 
their educational interests, and an efficient county board of education, 
is of iirst importance, the chairman of which should be competent to 
act as county superintendent in case of a vacancy in that office. 



11 



See section two (2), chapter 199, Laws 1889, which requires the mem- 
bers of the boards to qualify and term begin on the first day of July, 
after their election in June. 

Sec. 2546. (As amended by the Laws of 1885 and 1889.) Dalies of 
coanty board of education. 

The county board of education shall be charged with the 
general management of the public schools in their respective 
counties, shall decide all controversies and questions relating 
to the boundaries of school districts and to the location of 
school-houses, or which may arise upon the construction of 
the school law, and shall see that the school law is enforced; 
and shall have power and authorit}^ and it shall be their 
duty to institute and prosecute any and all actions, suits or 
proceedings against any and all officers, persons or corpora- 
tions, and their sureties, for the recovery, preservation and 
application of all moneys or property which may be due to 
or should be applied to the support and maintenance of the 
schools, and the county board shall obey the instructions of 
the state superintendent and accept his construction of the 
school law. , 

Note. — The language of this section gives to county boards a wide 
range of powers and duties. It is earnestly urged that they be so exer- 
cised as to accomplish the greatest good to the school system possible, 
and that the county superintendents, as executive officers of the school 
system of their respective counties, will be kept as fully employed as 
possible in visitation and minute supervision of the schools, in the 
organization and improvement of the teachers, and in all other work 
conducive to the progress of the schools and to the cultivation of a spirit 
of progressive education among the whole people. In the settlement of 
the " questions and controversies" mentioned in this section, there is 
room for the exercise of the highest wisdom, that the interest of the 
public schools may not suffer by reason of neighborhood quarrels, which 
always result in harm to all public interests, especially to those of the 
schools . 

Sec. 2547. (As amended by chapter 174, section 4, Laws of 1885, and 
chapter 460, section 1, Laws of 1891, and chapter 483, section 
1, Laws of 1893.) Meetings of county board of education j books 
of county treasurer examined. 

The county board of education of each county shall hold 

four regular meetings every year, namely, on the first Mon- 



12 



days of January, June, July and September, at each of which 
meetings, if the board find it necessary, in order to enable 
them to dispose of the business before them, they may be in 
session for two days. Meetings may be held at other times 
at the call of the chairman upon the request of one member 
of the board, but in no case shall the board receive compen- 
sation out of the public funds for more than four days in any 
one year. At each regular meeting it shall be the duty of 
the board to examine the books and vouchers of the county 
treasurer and to audit his accounts. 

Note, — County boards of education are, under my construction of the 
above section, entitled to receive pay for all days served in regular meet- 
ings under the law, "necessary for disposing of the business before 
them." For " meetings held at other times," the pay is limited to four 
days in any one year. 

Sec. 2548. (As amended by the Laws of 1885, and chapter 199, section 
3, Laws of 1889.) County superintendent of public instruction; 
term of office; election biennial; vacancies; secretary to report 
name, etc., to the slate superintendent; suspension and removal 
of county superintendent; powers of school committee. 

The county board of education, coanty commissioners and 
,the justices of the peace, in joint session on the day of the 
annual meeting of the justices in the year eighteen hundred 
and eighty-six, and bienniall}' thereafter on the day of such 
annual meeting, shall elect one resident of their county, who 
shall be county superintendent of public instruction. He 
shall be of good moral character, liberal education, and he 
shall otherwise be qualified to discharge the duties of the 
office as required by law, due regard being given to experi- 
ence in teaching. He shall liold office for the term of two 
years from and after the first Monday in July next after his 
election, and until his successor is elected and qualified, and 
shall file with the county commissioners an oath to faithfully 
discharge the duties of his office. The county board of edu- 
cation and the county commissioners in joint session may, 
for good cause, after thirty days' notice, remove the county 
superintendent and elect his successor for the unexpired 



13 



term ; and, when a vacancy occurs in the office of county 
superintendent, by death or other fvise. the said joint boards, 
after due notice, shall fill the vacancy for the unexpired term, 
and the chairman of the county board of education shall, 
during such vacancy, or during the disability of the county 
superintendent, discharge the duties of his office. Immedi- 
ately after the election of a county superintendent, the secre- 
tary of the joint boards holding such election shall report to 
the state superintendent of public instruction the name and 
address of the person elected, and the person elected shall 
report to the state superintendent as soon as he shall have 
qualified, the date of such qualification : Provided, that in all 
meetings of the joint boards herein provided for, no man 
shall be entitled to more than one vote by reason of his being 
a member of more than one of said boards. 

Note. — The success of the public schools in any county will greatly • 
depend on the efficiency and activity of the county superintendent; 
therefore the boards having in charge the_ election of this officer should 
use the utmost care in the selection of a man for the position. In case 
of a vacancy from any cause, the county board of education and the 
county commissioners should be called together at as early a day as pos- 
sible for the purpose of filling the vacancy. 

The next regular election will be held at the annual meeting, June,^ 
1894. See section 3, chapter 199, Acts of 1889, which requires the super- 
intendent to qualify on the first day of July. 

Sec. 2549. Scho*l districts. 

The county board of education shall lay off their respective 
counties into convenient school districts, consulting as far as 
practicable the convenience of the neighborhood. They shall 
designate the districts by number, as school district number 
one, school district number two, in the county of 

Sec. 2550. Convenience of residents to be consnited in formation of 
districts; separate schools lor the two races. 

The count}^ board of education shall consult the conveni- 
ence of the white residents in settling the boundaries of dis- 
tricts for the white schools, and of colored residents in settling 
boundaries for colored schools. The schools of the two races 



14 



shall be separate ; the districts the same in territorial limit or 
not, according to the convenience of the parties concerned. 
In cases where there are two sets of districts in a county, 
they shall be designated as school district number one, two, 
three, etc., for white schools, or school district number one, 
two, three, etc., for colored schools, in the county of 

Sec. 2651. (As amended by Laws of 1S89.) Count j board or education 
to apportion county sciiool fund among- districts; sums so appor- 
tioned subject to order of sctiool committees. 

The county board of education of every county shall, on 
the first Monday in January of each year, apportion among 
the several districts of the county, designating the amount to 
each school-house, if more than one in the district, all school 
funds in the following manner: first deduct an amount suffi- 
cient to defray the general school expenses of the county 
^ authorized by law; then apportion two-thirds of the funds to 
the several districts in proportion to the whole number of 
children -between the ages of six and twenty-one years, and 
at the same time the remaining one-third shall be appor- 
tioned in such manner as to equalize the average length of 
school terras for the two races as far as may be practicable, 
without discrimination in favor of or to the prejudice of 
either race. As soon as the apportionment is made, the county 
board of education shall post a statement atlhe court-house 
door, showing the amount apportioned to the several districts 
or schools of the county, and they shall also notify each 
committee of the amount apportioned to their district and to 
each school. The board shall also furnish the treasurer of 
the county board of educadon a statement of the amounts 
apportioned to the several districts and schools. 

Note. — It is not to be expected that the school terms of the several 
districts of either race can be made equal, and the boards are advised to 
give no district more than its per capita proportion of the funds, unless 
there exists a real, substantial, geographical reason why the number of 
pupils is small. 



15 



Sec. 2552. Basis of anunal apportionment of public school moneys. 

The annual apportionment of public school moneys shall 
be based upon the amounts actually received by the county 
treasurer from all sources and reported by him to the county 
board of education as required by this chapter. But a suffi- 
cient amount of money shall be left unapportioned to pay 
the general school expenses of the county authorized by this 
chapter. 

Note. — The general expenses authorized are: pay of county superin- 
tendents, treasurer's commissions, mileage and per diem of county 
boards, postage and stationery, fuel for office of the board, and $100 for 
a county institute, and other necessary expenses. See section 39, Laws 
1889. 

Sec. 2553. (As amended by Laws of 1885 and 1889, and chapter 483, 
Laws of 1893.) School committee; their duties; vacancies, etc. 

For each white and each colored school district there shall 
be elected biennially by the county board of education of , 
the respective counties, on the first Monday in June, a school 
committee of three persons, whose term of service shall begin 
the first Monday of July following, and whose duties shall 
be as prescribed in this chapter. If a vacancy should at any 
time occur, it sball be the duty of the county board of edu- 
cation to appoint a suitable resident of the school district to 
fill such vacancy, and the person thus appointed shall exer- 
cise all the powers and duties of a scbool committeeman 
until his successor is elected and qualified. For sufficient 
cause, after thirty days' formal notice, the county board of 
education may remove a school committeeman and proceed 
at once to fill the vacancy thus created: Provided, that all 
orders by committees for money, and all contracts made by 
them in writing shall be signed in the legible handwriting 
of the committeemen purporting to sign such orders or con- 
tracts, or in case any committeeman cannot. write his name, 
his signature by making his mark shall be witnessed by at 
least one disinterested witness in his own proper handwriting. 

Note. — Select for school committeemen those who will give personal 
attention to school interests in their districts. County boards will note 



16 



that the law requires three committeemen for each white, and three for 
each colored district. The committeemen for colored school districts 
need not necessarily be colored men; where competent colored men can- 
not be had, experienced and competent white men should be selected. 
The same persons may be appointed committeemen for a white and for 
a colored district. 

Sec. 2554. County treasurer to receive and disburse school fund; his 
bond ; misdemeanor, etc. 

The county treasurer of each county shall receive and 
disburse all public school funds; but before entering upon 
the duties of his office, he shall execute a justified treasurer's 
bond, with security in double the amount of all public school 
moneys received by him or by his predecessor during the 
previous year, conditioned for the faithful performance of his 
duties as treasurer of the county board of education, and for 
the payment over to his successor in office of any balance of 
school moneys that may be in his hands unexpended, and 
the county board of education may, from time to time, if 
necessary, require him to strengthen said bond, and in default 
thereof the members of the county board of education shall 
be guilty of a misdemeanor; and for any breach of said 
bond, action shall be brought by the county board of edu- 
cation. 

Note. — The bond is to be taken and approved by the board of county 
commissioners. See section 4, chapter 199, Laws of 1889. 

Sec. 2556. (As amended by Laws of 1889.) Orders, how issued upon 
treasurer of county board of education ; proviso ; payments for 
building or repairing school -houses. 

All orders upon the treasurer of the county board of edu- 
cation for school money for the payment of teachers, and all 
orders for the purchase of sites for school-houses and for the 
cost of building, repairing and furnishing school-houses, 
shall be signed by the school committee of the district in 
which the school is taught, or in which the site or school- 
house is situated, and shall be countersigned by the county 
superintendent of public instruction, which orders, duly 
indorsed by the person to whom the same are payable, shall 



17 



be the only valid vouchers in the hands of the treasurer of 
the county board of education, to be paid out of the funds 
apportioned to the district: Provided, the said treasurer shall 
not pay any school money for building or repairing any 
school-house unless the site on which it is located has been 
donated to or purchased by the school committee of the 
district in which said house is located, and a deed for the 
same regularly executed and delivered to said committee 
and their successors in office, probated, registered in the 
office of register of deeds for the county, and delivered to 
the treasurer of the county board of education, to be by him 
safely deposited with his valuable official papers, and sur- 
rendered to his successor in office, and for default he shall 
be liable on his official bond for any sum thus illegally paid. 
No order given by a school committee of any district for 
maps, charts, globes or other school apparatus shall be valid 
unless the same be indorsed by the county superintendent 
of public instruction and approved by the county board of 
education. 

Note. — Treasurers will note that this section requires all orders given 
by committeemen, whether for teachers' salaries or for other claims 
against district funds, to be countersigned by the county superintendent. 

Section 2584 requires all deeds to be delivered to the county board of 
education. * 

Sec. 2556. Duties of treasurer of county board of education. 

It shall be the duty of the treasurer of the count}^ board of 
education to keep a book in which he shall open an account 
with each public school district in the county, showing the 
amount apportioned to said district, distinguishing the 
moneys due to the white and the colored districts, the date 
of all payments of school moneys, the name of the person to- 
whom paid and the several amounts. He shall balance the 
accounts of each district annually on the thirtieth day of 
June in each and every year, and shall report by letter or 
printed circular, within ten days after each apportionment,. 
to each school committee the amount apportioned to the- 
2 



18 



respective districts for the year, together with the balance 
which may be due any of the said districts from the preced- 
ing year. 

Sec. 2557. Treasurer to famish blank deeds to school committees; 
form of deed; when laud to revert. 

It shall be the duty of the treasurer of the county board of 
education to furnish school committeemen with blank deeds 
for school-house sites. If a school-house site has been pur- 
"Chased, an ordinary fee-simple deed shall be executed. If a 
site has been donated, the donor may provide in the deed of 
gift that the title to the site, but not to the improvements, 
shall revert to him or his heirs in case the same shall cease 
to be used for school purposes for the space of three years. 

Sec. 2658. (This section is repealed. See Acts 1889.) 

Sec. 2659. Treasurer to produce books, vouchers, etc., when required 
by board. 

The treasurer of the county board of education shall, when 
required by said board, produce his books and vouchers for 
examination, and shall also exhibit all moneys due the public 
school fund of the county at each settlement required by this 
chapter. 

Sec. 2560. (As amended by the Laws of 1889.) Treasurer to make 
report to state superintendent of public instruction. 

The treasurer of the county board of education of each 
county shall report to the state superintendent of public 
instruction on the first Monday of July of each year the 
•entire amount of school money received and disbursed by 
him during the preceding school year, designating by items 
•the amounts received respectively from property tax, poll- 
tax, liquor licenses, fines, forfeitures and penalties, auction- 
eers, estrays, from state treasurer, and frotn all other sources. 
He shall also designate b}^ items the sums paid to teachers 
■of white and colored children respectively, and for school- 
houses and school-house sites in the several districts, and for 



19 



all other purposes, specifically and in detail by items, and 
on the same day he shall file a duplicate of said report in 
the office of the county board of education. He shall make 
such other reports as the board of education of the county 
may require from time to time. 

See. 2561. Treasurer to keep acconnt of public school moueys. 

The treasurer of the county board of education shall keep 
a.book in which shall be entered a full and detailed account 
of all public school moneys received by him, the name of 
each person paying him school money, the source from which 
the same may have been derived, and the date of such pay- 
ment: Provided, in his settlement with the sheriff or other 
collecting officer of public school taxes or other school fund 
the said treasurer shall receive money only. 

Note. — For other duties of treasurer and pay for services, see section 
25, chapter 174, Laws of 1885, as published in this pamphlet. 

Sec. 2562. (is amended by the Laws of 1885.) Treasurer failing to 
report guilty of misdemeanor. 

Any treasurer of a county board of education failing to 
make the reports required of him at the time and in the 
manner prescribed shall be guilty of a misdemeanor, and be 
fined not less than fifty dollars and not more than two hun- 
dred dollars, or imprisoned not less than thirty days nor 
more than six months, in the discretion of the court. 

Sec. 2563. (As amended by Laws of 1889.) Sheriff to pay annually in 
money to treasurer of the county board, amount of state and 
cooisty taxes levied for school purposes, etc.; misdeujeanor; 
peualty ; action on bond. 

The sheriff of each county shall pay annually in money 
to the treasurer of the county board of education thereof, on 
or before the thirty-first day of December of each year, the 
whole amount levied, less such sum or sums as may be 
allowed on account of insolvents, for the current year, by 
both state and count}^ for school purposes; and, on failure 
so to do, shall be guilty of a misdemeanor, and fined not less 



20 



than two hundred dollars, and be liable to an action on his 
official bond for his default in such sum as will fully cover 
such default, said action to be brought to the next ensuing 
term of the superior court and upon the relation of the 
county board of education for and )n behalf of the state. 

Sec. 2564. (As amended by the Laws of 1885.) Sheriff to take dupli- 
cate receipts. 

The sheriff or other collecting officer shall take duplicate 

receipts of the treasurer of the county board of education for 

such payments as he may make under this chapter, one copy 

of which shall be transmitted to the auditor of the state, and 

one to the chairman of the county board of education. 

Note. — Sections 2562, 2563 and 2564. Treasurers and sheriffs will 
specially note the provisions of these sections. They will keep the poll 
and property tax separate, indicating each in the receipts given by the 
treasurer. This they will be the better able to do, because the school 
poll-tax and school property tax of each individual will be separated on 
the tax lists. A little attention to this veill enable the treasurers to make 
their reports promptly. 

See also section 8, chapter 199, Laws 1889, which requires the sheriff 
to itemize as specified in section 2560. 

Sec. 2565. (Is amended by the Laws of 1885.) Duties of secretary of 
county board of education. 

The secretary shall record all of the proceedings of the 
county board of education, issue all notices and orders that 
may be made by said board pertaining to the public schools, 
school-houses, sites or districts (which notices or orders it 
•shall be the duty of the secretary to serve by mail, or by 
personal delivery without cost), and record all school statis- 
tics. The county board of education shall provide the sec- 
retary with a suitable book in which to make the records 
required by this section. 

Sec. 2566. (As amended by the Laws of 1885, 1889 and 1891.) Exami- 
nation of applicants for teachers' certificates by county superin- 
tendent of public instruction; grades of certificates; valid for one 
year in county where issued; what to be taught in public schools; 
proviso. 

The county superintendent of public instruction of each 

county shall examine all applicants of good moral character 



21 



for teachers' certificates at the court-house in the county, on 
the second Thursdays of February, April, July, September, 
October and December of every year, and continue the 
examination from day to day, during the remainder of the 
week, if nScessary, till all applicants are examined. The 
grade of the certificate to which the applicants may be enti- 
tled shall conform to the following standard of excellence: 
that is, one hundred being the maximum, a certificate shall 
not issue to any applicant who makes less than fifty per cen- 
tum in any one branch, or whose general average is less than 
seventy per centum. A general average of ninety per cen- 
tum and over shall entitle an applicant to a first-grade cer- 
tificate; a general average of eighty per centum or more 
shall entitle the applicant to a second-grade certificate ; and 
a general average of seventy per centum or more shall entitle 
an applicant to a third-grade certificate. The certificates 
shall be valid for one year from their dates and only in the 
county in which they were issued. No branches shall be 
taught in the public schools except spelling, defining, reading, 
writing, arithmetic, English grammar, geography, elemen- 
tary physiology and hygiene, and the history of the state 
and United States: Provided, the school committee may make 
special ^arrangements to allow other branches to be taught: 
Provided, also, the county superintendent shall hold his 
examinations publicly, and may invite competent persons to 
assist him in such examinations. 

Note. — The county superintendents should grant certificates to none 
except to those who produce reliable evidence of good character, and 
pass an approved examination, fairly testing the proficiency of the 
applicant. School committees should provide for additional studies in 
the public schools, when such action will be of advantage to any of the 
pupils of their district. The pursuit of all useful knowledge should be 
encouraged in the schools. Six days are appointed by law for examina- 
tions, and the boards will see that all examinations are made on these 
days or on the day following, if one day is not sufficient, except in ex- 
traordinary cases. The examinations need not be held in *he court-hoTise , 
but may be conducted in any suitable room at the county-seat. 

See section 41 of chapter 199, Laws of 1889, which requires examina- 
tions on theory and practice of teaching. 



22 



Sec. 2567. (As amended by the Laws of 1885.) Teachers' institutes; 
teachers required to attend. 

The board of education of any county may annually ap- 
propriate an amount not exceeding one hundred dollars out 
of the school funds of the county for the purpose of conduct- 
ing one or more teachers' institutes for said county; or the 
county boards of education ot two or more adjoining coun- 
ties may, if in their judgment deemed proper, appropriate 
an amount not exceeding one hundred dollars to each county, 
for the purpose of conducting a teachers' institute for said 
counties, at some convenient and satisfactory point, and the 
public school teachers of the said county or counties are 
required to attend said institutes which latter shall be open 
also to any teachers in the county or counties who may be 
desirous to attend them. 

Sec. 2568. County superintendent to haye charge of institute, etc. 

A county teachers' institute under the preceding section 
shall be under the supervision of the county superintendent 
of public instruction. In the event of a joint county teach- 
ers' institute, the supervision shall be vested in a president 
to be elected by the institute from among the county super- 
intendents present. 

Note, — Sees. 2567 and 2568. — The county board of education of each 
county should make an appropriation of a sufficient sum, under the pro- 
visions of these sections, for the proper training of the teachers of the 
county for work in the public schools. A well conducted teachers' 
institute is an absolute necessity for the proper development and progress 
of the school system of a county. It is a mistaken idea of economy in 
county boards to withhold the funds necessary for this work. The $4,000 
given by chapter 200, Laws of 1889, to institute work in the counties has 
been taken from this work and given to the Normal and Industrial 
School for White Women, at Greensboro, N. C. See section 8, chapter 
139, Laws of 1891. 

Sec. 2669. (As amended by the Laws of 1885.) Duties of county 
superintendent of public instruction; powers; suspension of 
teacher. 

It shall be the duty of the county superintendent of public 
instruction to advise with the teachers as to the best methods 



23 



of instruction and government, and to that end he shall keep 
himself thoroughly posted as to the progress of education in 
other counties, cities and states; he shall have authority to 
correct abuses, and to this end he may, with the concurrence 
of a majority of the school committee of the district in which 
he is employed, suspend any teacher who may be guilty of 
any immoral or disreputable conduct, or who may prove 
himself incompetent to discharge efficiently the duties of a 
public school teacher, or wiio may be persistently neglectful 
of said duties, or if the salary is exorbitant, or the patronage 
insufficient to justify the expenditure, and the teachers shall 
be paid only to the date of such suspension. Under the 
supervision of the county board of education he shall visit 
the schools ; and he shall perform such other duties as may 
be required of him by the county board of education and the 
state superintendent, and shall obey their instructions. 

Note. — Thp school committees should heartily cooperate with the 
county superintendent in securing the bppt work possible by the teachers 
in the school room. The training of children must not be left in the 
hands of those whose example in daily life could not be safely followed 
by their pupils. The county superintendent should be allowed large dis- 
cretion in the matter of visitation of schools. No work will be of greater 
benefit to the teachers and schools. 

Sec. 257(1. County superintendent to distribute blanks. 

It shall be the dut}' of the county superintendent of pub- 
lic instruction to distribute to the various school committees 
of his county all such blanks as may be furnished by the state 
superintendent of public instruction for reports of school 
statistics of the several districts; also blanks for teachers' 
reports and for orders on the treasurer of the county board 
of education for teachers' salaries; he shall also distribute to 
the school committees school registers for their respective 
districts; he shall advise with said committees as to the best 
methods of gathering the school statistics contemplated by 
such blanks, and, by all proper means, shall seek to have 
such statistics fully and promptly reported. 



24 



Note. — The blanks furnished by the state superintendent are as fol- 
lows: School Registers, Record of Examinations, Teachers' Reports and 
Vouchers, Teachers' Certificates, Superintendents' Reports, Treasurers' 
Reports, Census Reports, and Deeds, and blanks for Census of Deaf and 
Dumb and of Blind under chapter 69, Laws of 1893. In ordering blanks 
from the state superilitendent the county superintendent should give his 
express office. 

Sec. 2671. (4s ameuded by the Laws of 1885.) County snperinten- 
dent to couotersign orders on treasurer of county board for 
payment of teachers' salaries. 

It shall be the duty of the county superintendent of public 
instruction to countersign all orders given by the several 
school committees upon the treasurer of the county board of 
education in payment of teachers' salaries, and it shall not 
be lawful for the said treasurer to pay such orders unless the 
same have been countersigned by the county superintendent 
of public instruction : Provided, the said county superinten- 
dent shall not have authority to countersign any sucli order 
until the teacher in whose favor it is drawn shall have made 
the reports to the county superintendent required by this 
<;hapter, and shall have sworn to them before the county 
superintendent. 

Note. — The spirit of this proviso is, that no voucher shall be coun- 
tersigned unless sworn to. See section 12, chapter 199, Laws 1889. AU 
orders must be countersigned by the county superintendent. See sec- 
tion 2555. 

Sec. 2572. Connty superintendent to deliver to county board cata- 
logue of teachers, etc. 

The county superintendent of public instruction shall 
deliver to the county board of education, on or before the 
first Monday in July in every year, a catalogue of all the 
teachers to whom he gave certificates during the year. ' 

Sec. 2578. Connty superintendent to report to state superintendent 
number, etc., of teachers, schools, etc. 

It shall be the dut}'^ of the county superintendent of public 
instruction in each county, on or before the first Monday in 
July of every year, to report to the state superintendent of 



25 



public instruction an abstract statement of the number, grade, 
race and sex of the teachers examined and approved by him 
during the year; also the number of public schools taught in 
the county during the year for each race; the number of 
pupils of each race enrolled in said schools ; their average 
attendance; the number of females; the average length of 
the terms of said schools and the average salary, respectively, 
of the white and colored teachers; also full and accurate 
statistics of the number of school children in the county, 
giving race and sex; the. number of school districts for each 
race, and the number of public school-bouses and the value 
of public school property for each race ; the number of teach- 
ers' institutes held, and the number of teachers that attended 
such institutes; together with such suggestions as may occur 
to him promotive of the school interests of the county. 

Note. — County superintendents should make full and prompt reports 
under the provision of this section, and report all permanent private 
schools in their county, as indicated by any blank which may be fur- 
nished them. 

Sec. 2574. (As amended bjthe Laws of 1885.) Connty saperintendent 
to record copy of report to state snperintendent in office of sec- 
retary of county board. 

The county superintendent of public instruction shall 
record in his books his annual report to the state superin- 
tendent of public instruction and the census reports and 
school statistics as reported to him by the school committees. 

Sec. 2575. (As amended by theLawsof 1885.) Compensation of conuty 
superintendent. 

Each county superintendent of public instruction who 
shall comply with this chapter shall receive, as compensation 
for his services, such sum as in the discretion of the board of 
education may seem adequate and just, the amount not to be 
less than two nor more than three dollars per day for all 
days necessarily engaged in the discharge of the duties of his 
position, of which said service he shall present, at their reg- 
ular meeting, to the county board of education, an itemized 



26 



account, with an affidavit attached, that the services therein 
charged have been in fact rendered, whereupon, if approved 
by the county board of education, it shall be the duty of the 
chairman and secretary of said board to draw an order on 
the treasurer of the county board of education for the amount 
due the county superintendent by virtue of this section. This 
order shall be paid by the said treasurer out of the school 
funds: Provided, his salary shall not exceed four per centum 
of the school fund apportioned in the county. 

Sec. 2576. (As amended by the Laws of 1885.) Oath of school com- 
mitteemen ; school ofiScers aathoiized to administer oaths. 

Before entering upon the duties of their office, the school 
committeemen shall take an oath for the faithful discharge 
of the duties of their ofiBce. In all matters pertaining to the 
execution of the school law, all the members of the county 
board of education and the county superintendent are 
authorized to administer oaths, but neither they nor justices 
of the peace shall be entitled to any fee for such service. 

Sec. 2677. Meeting of school committeemen ; chairman; clerk j record 
to be kept. 

The school committee of each school district, within fifteen 

days after their election or appointment, shall meet at some 

convenient point within the school district, and organize by 

electing one of their number chairman and another of their 

number clerk of the school committee, and the said clerk 

shall keep a' record of the proceedings of said committee in 

a book provided for that purpose. 

Note. — A record of the proceedings of each committee, as required by 
this section, should be kept; very many difficulties will be avoided 
thereby. This record book is not furnished by the state superintendent, 
but may be bought by the committee. 

Sec. 2578. School committee to be a body corporate. 

The school committee of each school district shall be a 
body corporate by the name and style of " The School Com- 
mittee of District No. , in the cpunty of ," and by 



27 



that name shall be capable of purchasing and holding real 
and personal estate, and of selling and transferring the same 
for school purposes, and of prosecuting and defending suit 
for or against the corporation. All conveyances to school 
committees shall be to them and their successors in office. 

Sec. 2579. (As amended by the Laws of 1885 and 1889.) School com- 
mittee to take annual census of children ; to report number of 
school-houses to county superintendent. 

It shall be the duty of the school committee of each dis- 
trict to take and return to the county superintendent of 
public instruction, on or before the first day of June in every 
year, a full and accurate census of the children between the 
ages of six and twenty-one years, designating the race and 
sex. And the said committee shall also report to the said 
county superintendent the number of public school-houses 
and the value of all public school property, for each race, 
separately. 

Should the committee fail to make such report by the first 
Monday of July, the report of the preceding year shall be 
taken as the basis of the report to the state superintendent. 
The said report shall be signed by the member of the com- 
mittee designated to take the census, and be sworn to before 
any justice of the peace or other person authorized to admin- 
ister oaths. 

Note. — A failure by the committee to make the report as required by 
this section is sufficient cause for their removal by the county boards. 
The committee will designate one of their number to perform this duty, 
who is to swear to the report. See chapter 69, Laws of 1893. 

Sec. 2580. (As amended by the Laws of 18S9.) School committee 
authorized to employ and dismiss teachef s, and to fix their pay. 

The school committees shall have authority to employ and 

dismiss teachers in their respective districts; but no contract 

shall be made during any year to extend beyond the term 

of office of the committee, nor for more money than is placed 

to the credit of the district for the fiscal year during which 

the contract is made. No person shall be employed as a 



28 



teacher who does not produce a certificate from the county 
superintendent of public instruction dated within the time 
prescribed by law. Teachers of third grade shall receive 
out of the public fund not more than fifteen dollars per 
month; of the second grade, not more than twenty-five dol- 
lars per month, and teachers of first grade may receive such 
compensation as shall be agreed upon ; but no teacher shall 
receive any compensation for a shorter term than one month, 
unless providentially hindered. Twenty school days shall 
be a month : Provided, that the county board of education 
shall have authority to fix a maximum price for first-grade 
teachers, and otherwise superintend the employing and dis- 
missing of teachers not inconsistent with the specific prohi- 
bition in this section. 

Note. — A good teacher is cheaper at a high price than an incompetent 
teacher at a low price. The practice in some sections of employing 
teachers and putting them to work before they have the covinty super- 
intendent's certificate, relying on a prospective examination, is unlawful. 

The amendment to this section by the Assembly of 1889 allovps the 
board of education to make such regulations about employing and dis- 
missing teachers as they may deem proper, not inconsistent vpith the 
plain provisions of the section. It is advised that large discretion be 
allowed to committeemen, especially if they are intelligent and manifest 
interest in their school. In case of divisions and neighborhood difficul- 
ties as to who the teacher is to be, terms, etc., the board can control. 

Sec. 2581. Teachers to render statement of number of pnpils, etc., 
to school committee; when order for payment of teachers to 
be given. 

At the end of every term of a public school, the teacher 
or principal of the school shall exhibit to the school com- 
mittee of the district a statement of the number of pupils, 
male and female; the average daily attendance, the length 
of term and the time taught. If the committee are satisfied 
that the provisions of this chapter have been complied with, 
they shall give an order on the treasurer of the county board 
of education, payable to said teacher, for the full amount 
due for services rendered. 



29 



Sec. 2682. School committee empowered to receiye gifts, etc.; deed, 
liorr executed; proceeds of sale; to have care of school-honse, 
etc., and to sell the same, etc.; original grantor to hare option 
to repurchase school-house site when resold. 

The school committee may receive any gift, grant, dona- 
tion or devise made for the use of any school or schools 
within their jurisdiction, and in their corporate capacity they 
shall be intrusted with the care and custody of all school- 
houses, school-house sites, grounds, books, apparatus, or 
other public school property belonging to their respective 
jurisdictions, with full power to controlthe same as they may 
deem best for the interest of the public schools and the cause 
of education. When, in the opinion of the committee, any 
school-house, school-house site or other public school prop- 
erty has become unnecessary for public school purposes, they 
shall sell the same at public auction, after advertisement for 
twenty days at three public places in the county. The deed 
for the property thus sold shall be executed by the chairman 
and clerk of the committee, and the proceeds of the sale shall 
be paid to the treasurer of the county board of education for 
the school expenses in said school district: Provided, the 
committee shall first offer the site and improvements to the 
original grantor, donor, or his heirs, at a price fixed by the 
committee. And in the event of a disagreement as to the 
price, the committee shall select one discreet and disinter- 
ested person, and the grantor, donor, or his heirs shall select 
another such person, to value and appraise the property, and 
in the event they cannot agree, they shall call to their aid 
an umpire; and upon the payment of the price thus fixed 
the committee shall convey, by proper deed, the property to 
the original grantor, donor, or his heirs: Provided, that the 
committee shall be allowed to remove the house if the grantor 
or his representative refuse to purchase it, and its value shall, 
in that case, not be considered in the appraisement. 



30 



Sec. 2583. (As ainended by section 15, chapter 199, Laws of 1889.) 
Eiiipowersd to receive sites 'or scliool-liouses bj" donatioa or 
piirchase; in case of purchase, approval of chairniau and sec- 
retary of county board necessary^ titlej proceedings to con- 
demn land for school-house sites. 

The school com rait tee may receive suitable sites for school- 
houses by donation or purchase. In the latter case they 
shall report the price to the chairman and secretary of the 
county board of education. If the latter are satisfied that 
the price is not excessive, and that it is suitable in respect 
to its location, they shall approve the order of the committee 
on the treasurer of the county board of education for the 
purchase-money, and upon payment of the order the title to 
said site shall vest in the committee and their successors in 
office. Whenever the committee are unable to obtain a suit- 
able site for a school by gift or purchase, they shall report to 
the county superintendent of public instruction, who shall, 
upon five days' notice to the owner of the land, apply to the 
clerk of the superior court for the appointment of their 
[three] appraisers, who shall lay off, by metes and bounds, 
not more than one acre, and assess the value thereof. They 
shall make a written report of their proceedings, to be signed 
by them or by a majority of them, to the said clerk within five 
days from their appointment, who shall enter the same upon 
the records of the court. If said report is confirmed by the 
clerk of the court, the chairman and secretary shall approve 
the order which the district school committee shall give on 
the treasurer of the county board of education in favor of 
the owner of the land thus laid off, and upon payment or 
offer of payment of this order the title to said land shall vest 
in the school committee and their successors in oflQce: Pro- 
vided, improved land shall not be condemned under this 
section unless it be essential to secure a proper location: 
Provided further, any person aggrieved by the action of said 
appraisers may appeal to the superior court of the county in 
which the land is situate upon giving bond to secure the 
board against such costs as may be incurred on account of 
said appeal not being prosecuted with effect. 



31 



Note. — School committees should procure suitable sites in their 
respective districts, and have coaifortable school-houses erected thereon. 
When the district has no school-hou^e, disputes arise each year as to 
where the school should be taught, aud thus neighborhood quarrels are 
promoted which injure the schools. School committees should pay 
particular attention to the provisions of this section to rfave trouble in 
connection with titles. 

Sec. 2584. (As amended by chapter 199, Laws of 1889.) School com- 
mittee to deliver deeds to couuty board of edacatiou. 

All deeds to school committeemen shall be delivered for 

safe-keeping to the board of education of the county, and 

they shall have them recorded, if not already recorded, and 

all deeds hereafter made shall be delivered to said board for 

their inspection before registration. 

Sec. 2585. Duties of teachers j dismissal of pnpil. 

It shall be the duty of all teachers of free public schools 
to maintain good order and discipline in their respective 
schools, to encourage morality, industry and neatness in all 
of their pupils, and to teach thoroughly all the branches 
which they are required to teach. If any pupil shall wil- 
fully and persistently violate the rules of the school, such 
pupil may be dismissed by the teacher for the current term. 

Note. — On the subject of the authority of the teacher as to corporal 
punishment, the following decision, rendered by Judge Gaston, 2 Dev- 
ereux and Battle, p. 365, is quoted; 

" The law confides to schoolmasters and teachers a discretionary power 
in the infliction of punishment upon their pupils, and will not hold them 
responsible criminally, unless the punishment be such as to occasion per- 
manent injury to the child, or be inflicted merely to gratify their own 
evil passions. 

" It is not easy to state with precision the power which the law grants 
to schoolmasters and teachers with respect to the correction of their 
pupils. It is analogous to that wiiich belongs to parents, and the author- 
ity of the teacher is regarded as a delegation of parental authority. One 
of the most sacred duties of parents is to raise up and qualify their chil- 
dren for becoming useful and virtuous members of society; this duty 
cannot be effectually performed without the ability to command obedi- 
ence, to control stubbornness, to quicken diligeuce and to reform bad 
habits; and to enable him to exercise this salutary sway he is armed 
with the power to administer moderate correction when he shall believe 
it to be just and necessary. 



32 



" Within the sphere of his authority, the master is judge when correc- 
tion is required and of the degree of correction necessary; and like all 
others intrusted with a discretion, he cannot be made penally responsi- 
ble for error of judgment, but only for wickedness of purpose. The best 
and wisest of mortals are weak and erring creatures, and in the exercise 
of functions in which their judgment is to be the guide cannot be right- 
fully required to engage for more than honesty of purpose and diligence 
of exertion. His judgment must be presumed correct, because he is the 
judge, and also because of the difficulty of proving the offence or accu- 
mulation of offences that called for correction; of showing the peculiar 
temperament, disposition and habits of the individual corrected; and of 
exhibiting the various milder means, that may have been ineffectually 
used, before correction was resorted to. 

" But the master may be punishable when he does not transcend the 
powers granted, if he grossly abuse them. If he use his authority as a 
cover of malice, and, under pretence of administering correction, gratify 
his own bad passions, the mask of the judge shall be taken off, and he 
will stand amenable to justice, as an individual not invested with judi- 
cial power." 

For conduct outside of school, or after school is dismissed, it seems to 
be agreed that a teacher may inflict punishment for any misbehavior 
that has a direct or immediate tendency to injure the school, to subvert 
the teacher's authority and to beget disorder and insubordination. This 
line of authority it is difficult to draw with precision, and a wise discre- 
tion must be exercised, the teacher always bearing in mind that it is the 
school and his authority to govern it that are to be protected. 

The secret of success in school government lies in the art of creating 
an interest and enthusiasm in school exercises and their results. This 
done the school will, in a large measure, govern itself; without it, no 
kind or degree of corporal punishment will secure good results in school 
work or government. The teacher should so demean himself as to make 
all pupils consider him their friend and benefactor, keeping authority 
and punishment in the background, to be used when nothing else will do. 

Sec. 2586. (As amended by Laws of 1885 and 1889.) Teachers to 
keep daily records concerning pupils; grades iu scholarship, in 
deportment; repoi;t to be made to county superintendent. 

Every teacher or principal of a school to which aid shall 
be given under this chapter shall keep a daily record of all 
absences of pupils and of the grade in scholarship and deport- 
ment of each. The grade in scholarship shall be indicated 
by the numbers one, two, three, four and five, one represent- 
ing the highest or first grade and five the lowest, and the 
three intermediate numbers the three intermediate grades. 



33 



The grades in deportment shall be represented by the same 
numbers and in the same order. At the end of every term 
every principal or teacher of a public school shall report to 
the county superintendent of public instruction the length 
of term of school, the race for which it was taught, the num- 
ber, sex and average daily attendance of the pupils, and the 
number of the district in which the school was taught. 

If any term comprehends parts of the two school years,, 
beginning in one and ending in the succeeding, the teacher 
shall on the first day of July make the above required report 
for the part of the term up to that date, and the remaining^ 
part of the term shall be reported when the term closes and 
form part of the report for that year. 

Note. — Teachers will note that their orders for salary will not be 
approved by the county superintendent, or paid by the treasurer, until 
this report is made. Arrangements, however, may be made with the 
county superintendent to approve orders for the salary of each month, 
80 as to enable teachers to draw their pay monthly. The teacher must, 
in this case, make a report for the full session at its close, before he can 
receive the last installment of his salary. 

Section 24, chapter 199, Laws 1889, forbids any school being in ses- 
sion on June 30th. No school can comprehend parts of two school years: 
therefore the last paragraph of this section is practically of no force. 

Sec, 2587. School year. 

The school year shall begin on the first Monday in July.- 
Note.— See section 1, chapter 199, Laws of 1889. 

Sec. 2588. (As amended by the Laws of 1889.) Eyery school receiving 
aid under this chapter to be a public school. 

Every school to which aid shall be given under this chap- 
ter shall be a public school, to which all children living 
within the district between the ages of six and twenty-one 
years shall be admitted free of charge for tuition : Provided, 
the admission of pay students shall be under the direction 
of the committee. Provided further, that the committee or 
the county superintendent or the board of education may 
exclude persons of immoral lives or character. 

Note. — Children, in the district, not of school age, or those living out- 
side of the district, may be admitted as pay students by direction of the 
school committee. 8 



34 



Sec. 2589. (As amended by section 3, chapter 294, Laws of 1893.) Tax 
of sixteen cents on every one hundred dollars of property and 
credits to be levied for support of public schools j poll-tax of 
forty-eight cents. 

In addition to the state and county capitation taxes appro- 
priated by the constitution, and other revenues for the sup- 
port of the public schools, there shall be levied and collected 
every year for the maintenance and support of the public 
schools sixteen cents on every one hundred dollars worth of 
property and credits in the state, and forty-eight cents on 
■every poll, in addition to the taxes in the revenue law. 

Note. — Attention is called to section nine (9), chapter 199, Laws 1889. 
The forms will contain separate columns for school poll-tax and school 
property tax, and it is required of the county commissioners and register 
of deeds to enter these items separate, whether levied in this section or 
under the provisions of section 2590. Each tax receipt is to show the 
total amount of school tax separate from the state and county tax, so 
that each tax-payer may know exactly how much school tax he pays. 
The phrase, " in addition to the taxes in the revenue law," has reference 
to taxes on liquor dealers, and taxes other than property and poll. 

Sec. 2590. (As amended by the Laws of 1885.) If taxes insnfficient 
to maintain public schools fonr months, board of commissioners 
to levy special tax ; how collected. 

If the tax levied by the state for the support of the public 
schools shall be insufficient to maintain one or more schools 
in each school district for the period of four months, then 
the board of commissioners of each county shall levy annu- 
.ally a special tax to supply the deficiency for the support 
:and maintenance of said schools for the said period of four 
months or more. The said tax shall be collected by the 
sheriff" in mone}^ and he shall be subject to the same liabili- 
ties for the collection and accounting of said tax as for other 
taxes. The said tax shall be levied on all property, credits 
and polls of the county ; and in the assessment of the amount 
on each the commissioners shall observe the constitutional 
equation of taxation; and the fund thus raised shall be 
expended in the county in which it is collected, in such 
manner as the county board of education may determine, 



35 



for maintaining the public schools for four months at least 
in each year. But the county board of education shall not 
be required to expend upon a district containing less than 
sixty-five pupils the same sum it may give to larger districts, 
notwithstanding an inequality of length of school terms may 
be the result. The county board of education, on or before 
the annual meeting of the commissioners and justices of the 
peace for levying county taxes, shall make an estimate of 
the amount of money necessary to maintain the schools for 
four months and submit it to the county commissioners. 

Note. — This section should be observed and its provisions carried out 
fully by the county boards of education and the county commissioners. 
It will be observed that the law is mandatory in its provisions, and that 
it is intended to carry into effect the provisions of article nine, sections 
two^and three, of the state constitution. It will be noted that the county 
board of education is required to make an estimate of the additional 
funds necessary to provide schools for four months and submit it to the 
commissioners. For some years the law^has required the county com- 
missioners to levy any additional tax that might be necessary to continue 
the schools for a period of four months per annum, and the constitution 
of the state makes it their duty to do this under penalty of indictment; 
and yet some commfssioners do not attend to this duty. Construing the 
constitution and the statute together, we are forced to the conclusion 
that it is the imperative duty of the commissioners to levy this tax. 

The decision of the supreme court in Barksdale v. Commissioners of 
Sampson, 93 N. C. Reports, does not relieve the commissioners of this 
obligation except when the limit of 66| cents on $100 valuation of prop- 
erty and $2.00 on polls has been reached foi; state, county and school 
purposes. 

Section two, article five, of the constitution, is as follows: 

" The proceeds of the state and county capitation tax shall be applied 
to the purposes of education and the support of the poor, but in no one 
year shall more than twenty-five per cent, thereof be appropriated to 
the latter purpose." 

The state tax is that levied by the general assembly, and the county 
tax is that levied by the justices of the peace and county commissioners. 
These taxes, combined, can never exceed $2.00 on the poll. 

When this limit is reached the commissioners cannot levy any school 
tax under the provisions of this section, but they are required to see that 
the sheriff (tax collector) shall pay over to the treasurer of the board of 
education at least $1.50 on each poll that is collected, and they can allow 
more if they will. 



36 



If the limit of two dollars is not reached by the combined state and 
county levies, then at least tlireefourths of whatever they do amount to 
must be paid over for schools; and in that case the commissioners must 
make an additional levy, if necessary, to continue the schools four 
months. 

In ascertaining whether the limit has been reached, no special taxes 
for special purposes, under special acts of assembly, are to be included 
in the calculation. 

Sec. 2591. (As amended by the Laws of 1889.) School committee em- 
powered to contract with teacher of private school; proviso. 

In any school district where there may be a private school, 
regularly conducted for at least nine months in the year, the 
school committee may contract with the teacher of such pri- 
vate school to give instruction to all pupils between the ages 
of six and twenty-one years in the branches of learning 
taught in the public schools, as prescribed in this chapter, 
without charge and free of tuition ; and such school com- 
mittee may pay such teacher for such services out of the 
public school funds apportioned to the district, and the 
agreement as to such pay shall be arranged between the com- 
mittee and teacher: Provided, any teacher so employed shall 
obtain a first-grade certificate before beginning his work, and 
shall from time to time make such reports as are required of 
other public school teachers under this chapter : Provided 
further, that the board of education of the county and the 
county superintendent shall have the same authority in 
respect to the employment and dismissal of teachers under 
this section and in every other respect as is conferred in other 
sections of the law : And provided further, that all contracts 
made under this section shall designate the length of the 
public school term, which shall not be less than the average 
length of the public school terms of the county of the pre- 
ceding year. 

Note. — This section is intended to harmonize the public and the pri- 
vate school interests, but it does not permit the pupils of any one district 
to be divided among the different private schools that may be located 
within its limits. The general law provides that districts must be laid 
off and definite territorial lines established and a public school-house 



37 



provided, at which all the pupils within such lines are to attend school. 
If, however, the committee think best, they can employ the principal of 
a permanently established private school to teach all the pupils of the 
district, following the spirit and the letter of this section. 

The object of the above section is not to destroy the public school, but 
to make it better. 

Sec. 2592. Misdemeanor to wilfally disturb any school, etc. 

Every person who shall wilfully interrupt or disturb any 
public or private school, or any meeting lawfully and peace- 
fully held for the purpose of literary and scientific improve- 
ment, either within or without the place where such meeting 
or school is held, or injure any school building, or deface 
any school furniture, apparatus or other school property* 
shall be guilty of a misdemeanor, and fined not exceeding 
fifty dollars or imprisoned not more than thirty days. Any 
person who shall wilfully set fire to, or procure the same to 
be done, any school-house, shall be guilty of a misdemeanor, 
and upon conviction shall be punished by imprisonment in 
the penitentiary or county jail, and may also be fined in the 
discretion of the court. ' 

Sec. 2593. (is amended by tlie Laws of 1885, chapter Si, Laws of 
1893.) State superintendent of public instruction authorized to 
employ clerk; his salary, how paid. 

The state superintendent of public instruction is author- 
ized to employ a clerk at a salary of one thousand dollars 
per annum, which shall be paid monthly by the state treas- 
urer, on the warrant of the auditor, out of any funds which 
may be in the treasury not otherwise appropriated. 

Sec. 652 of The Code, as amended by the Laws of 1889. Commissioners 
and county boards of education may punish, etc. 

The board of commissioners and the county board of edu- 
cation of each county shall have power to punish for con- 
tempt, for any disorderly conduct or disturbance tending to 
interrupt them in the transaction of their official business. 



38' 



Sec. 2654 of The Code, as amended by the Laws of 1889. 

In every township, or in every city or town, one-third of 
the freeholders therein may apply by petition, in writing, to 
the board of commissioners of the county in which said 
township, city or town is situated, asking that an annual tax 
be levied for the support of one or more graded schools 
therein^ whereupon, on or before the next regular meeting of 
said board, but not oftener than once a year, they shall order 
that the question, whether such tax shall be levied, be sub- 
mitted to the vote of the qualified voters of such township, 
city or town, at the different wards and election precincts 
therein, as prescribed in the chapter entitled " Elections 
regulated." 

See. 2655. 

In case a majority of the qualified voters at such election 
are in favor of such tax, the same shall be levied and appro- 
priated in such township, city or town, in the manner pre- 
scribed for the levying and appropriation of other school 
taxes: Provided, that the taxes so levied and collected shall 
in no case exceed one-tenth of one per centum on the value 
of property and thirty cents on the poll. 

Note. — It is hoped that many communities will avail themselves of 
the provisions of the above sections. 



39 



Sections 12 and 13 of chapter 214, Laws op 1893, is pub- 
lished BELOW FOR THfi INFORMATION OF THE PUBLIC AND 
THE GUIDANCK OF PUBLIC SCHOOL OFFICERS. 

Section 12. The county superintendents of health, or the 
board of health in the several cities and towns where organ- 
ized, otherwise the authorities of said cities or towns, shall 
cause a record to be kept of all reports received in pursuance 
of the preceding sections, and such records shall contain the 
names of all persons who are sick, the localities in which 
they live, the diseases with which they are affected, together 
with the date and names of all persons reporting any such 
cases. The boards of health of cities and towns wherever 
organized, and where not the mayors of the same, and in 
other cases the county superintendent of health, shall give 
the school committee of the city or town, the principals of 
private schools and the superintendent of public instruction 
of the county, when the schools are in session, notice of all 
such cases of contagious diseases reported to them according 
to the provisions of this act. A failure to perform this duty 
for twenty-four hours after the receipt of the notice shall be 
deemed a misdemeanor, and subject the delinquent upon 
conviction to a fine of not less than ten nor more than fifty 
dollars. 

Sec. 13. The school committees of public schools, superin- 
tendents of graded schools and the principals of private 
schools shall not allow any pupil to attend the school under 
their control while any member of the household to which 
said pupil belongs is sick of either small-pox, diphtheria, 
measles, scarlet fever, yellow fever, typhus fever or cholera, 
or during a period of two weeks after the death, recovery or 
removal of such sick person; and any pupil coming from 
such household shall be required to present to the teacher 
of the school the pupil desires to attend a certificate from the 
attending physician, city health officer or county superin- 
tendent of health of the facts necessary to entitle him to 



40 



admission in accordance with the above regulations. A 
wilful failure on the part of any school committee to perform 
the duty required in this section shall be deemed a misde- 
meanor, and upon conviction shall subject each and every 
member of the same to a fine of not less than one nor more 
than twenty -five dollars: Provided, that the instructions in 
-accordance with the provisions of this section given to the 
teachers of the schools within twenty-four hours after the 
receipt of each and every notice shall be deemed performance 
of duty on the part of the school committee. Any teacher of 
a public school and any principal of a private school failing 
to carry out the requirements of this section shall be deemed 
guilty of a misdemeanor, and upon conviction shall be fined 
not less than one nor more than twenty-five dollars. 



Sections of chapter 174, Laws of 1885, which are not 
embodied in the sections of the code as printed in 
this pamphlet. 

Section 24. The principal or superintendent of every 
•school supported in whole or part by public funds shall 
report to the state superintendent at such time and in such 
form as he may direct. 

Sec. 25. {As amended by seciioyi 18, chapter 199, Laws 1889.) 
The treasurer of the county board of education shall, on the 
last Saturday of each month, attend at the oflBce of the county 
T^oard of education for the purpose of paying school orders 
(provided, that in those counties where the sheriff is ea;-o^ao 
treasurer of the county he shall not be required to attend his 
office on the last Saturday in each month); but this shall not 
be construed to prevent the payment of orders at other times; 
and he shall be allowed for compensation as treasurer of the 
school fund such sum as the board of education may allow 
him, not to exceed two per centum of his vouchers paid on 
orders of school committees. 



41 



Sec. 26. {As amended by section 17, chapter 199, Laws 1889.) 
No contracts for teachers' salaries shall be made during any 
fiscal year for a larger amount of mobey than is actually to 
the credit of the respective districts for that year, and no 
committee shall give an order unless the money to pay it is 
actually to the credit of the district. 

Sec. 27. The secretary of state shall furnish a copy of The 
Code and of the laws to each county board of education. 

Sec. 28. No change of districts shall be made until full 
information is laid before the county board of education, 
showing the shape, size, boundaries and school population 
of all the districts affected by the change. Unless for extra- 
ordinary geographical reasons, no change of district lines 
shall be made that will constitute any district with less than 
sixty-five children of school age ; and the county board shall 
provide, as far as practicable, that no district shall contain 
less than that number of children of school age. The county 
board shall furnish plans and require the committees to con- 
struct comfortable houses, with a view to permanency and 
enlargement as the increasing population may demand. The 
county board shall, in all matters, obey the requirements of 
the state board of education and the state superintendent. 

Note. — This section does not require the counties to be redistricted. 
If changes of district lines are made, however, full information must be 
laid before the board to enable them to act intelligently. In making 
new districts or changing lines, no district can be made, or left, with 
less than sixty-five children of school age, unless on account of extraor- 
dinary geographical reasons, such as the intervention of dangerous rivers 
or creeks; the large territory that, in some sparsely populated sections, 
would be required to include sixty-five pupils, etc. 

Let the county boards of education, the committees and the people 
work together, in the respective counties, to build comfortable houses, 
furnish them well, and make their location permanent; then our system 
will be much more effective for good. 



42 



CHAPTER 199, LAWS 1889. 

(Sections are omitted which are embodied in the sections of The Codte^ 
as printed in this pamphlet.) 

Section 1. That the fiscal school year shall begin on the 
first day of July and close on the thirtieth day of June next 
succeeding. 

Sec. 2. That the term of office of the county boards of 
education holding office at the date of the passage of this act 
shall expire on the thirtieth day of June, eighteen hundred 
and eighty-nine (1889), and thereafter the regular term of 
office of these boards shall begin on the first day of July and 
be two years ; but the boards shall hold until their successors 
are elected and qualified. 

Sec. 3. That the term of office of the county superinten- 
dents holding office at the date of the passage of this act shall 
expire on the thirtieth day of June, eighteen hundred and 
ninety, and after that date the terms of office of the superin- 
tendents shall be two years from the first day of July of the 
year of their election ; but the superintendents sl^j^ll hold 
office until their successors are elected and qualified. 

Sec. 4. That the bond of the treasurer of the county board 
of education shall be approved by the board of county com- 
missioners, and they shall bring action for any breach 
thereof, and on their failure to bring such action, it may be 
brought by the county board of education, or in the name 
of the state on the relation of any tax-payer. The said bond 
shall be separate, not including liabilities for other funds, 
and shall be in double the amount of school funds which he 
may receive or which were received by his predecessor dur- 
ing the previous year. 

Sec. 5. That the treasurer shall balance his accounts on 
the thirtieth day of June, instead of on the thirtieth day of 
November, as now required b}'' section two thousand five 
hundred and fifty-six of The Code. 



43 



Sec. 6. That section two thousand five hundred and fifty- 
eight of The Code is repealed. 

Sec. 8. That whenever i he sheriff or other collecting officer 
pays over moneys to the treasurer of the board of education, 
he shall designate the items as indicated in section two 
thousand five hundred and sixty of The Code, as amended 
by this act, and these items shall be stated in the receipts 
given by the treasurer. 

Sec. 9. That the auditor of the state shall include on the 
form which he furnishes to the board of county commis- 
sioners, and on which the tax-lists are to be made out, sepa- 
rate columns for school poll-tax and school property tax, in 
one of which columns shall be entered the total poll-tax 
levied by the general assembly and the county authorities 
for schools due by each tax-payer, and in the other the total 
property tax levied by the general assembly and the county 
authorities for schools due by each tax-payer. The auditor's 
form shall likewise show, in separate columns, the white and 
colored polls, and in separate columns the property of whites 
and colored, and the list-taker's form shall be arranged 
accordingly. 

Sec. 10. That partial third-grade certificates are hereby 
abolished. No examination of teachers shall be held on days 
other than those named in the school law for that purpose, 
unless the applicant was prevented from attending at the 
regular time on account of sickness, or unless the school 
interests would, in the judgment of the superintendent, sufier 
by delaying the examination to the regular day; and for 
each examination not made on the regular days the appli- 
cant shall pay the superintendent one dollar ($1.00), which 
shall be turned over to the treasurer and placed to the credit 
of the general school fund of the county. 

Sec. 11. That for immoral conduct or other conduct unbe- 
coming a teacher, the county superintendent shall have 
power to revoke any certificate given by a county superin- 
tendent; and for the same cause, and for other causes dam- 



44 



aging to the school interests, and satisfactory to iiimself, he 
may, with the approval of the chairman of the board of 
education, discontinue any school and pay the teacher to the 
date of such discontinuance. 

Sec. 12. That teachers may be qualified to their orders by 
any person authorized to administer an oath. 

Sec. 13. That the report of the county superintendent to 
the state superintendent, now required to be made on the 
first Monday in December, shall be made on the first Mon- 
day in July. 

Sec. 14. That the census now required to be taken on or 
before the first day of November shall be taken on or before 
the first day of June, and on failure to receive it before the 
first Monday in July, the county superintendent shall take 
the census of the preceding year as the basis oT his report to 
the state superintendent. 

Sec. 19. That on the first Monday of July the board of 
education, county superintendent, and treasurer shall meet 
at the office of the board and settle all the business of the 
preceding fiscal year. The board shall, on that day, examine 
the reports of the treasurer and county superintendent, which 
are required to be made to the state superintendent, and, if 
found correct, shall direct them to be forwarded. 

Sec. 20. That should any day specified in this act on which 
any duty should be performed fall ou Sunday, such duty 
shall be performed ou the day following. 

Sec. 21. That the register of deeds shall furnish to the 
board of education, as soon as the tax-lists are made out, an 
abstract of said lists, showing, in separate columns, the total 
amount of poll-tax borne on said lists, and also the total 
amount of property tax borne on the same, and shall furnish 
such other information from his office as the county board of 
education may from time to time require. 

Sec. 22. That the books recommended by the state board 
of education, in accordance with section two thousand five 
hundred and thirty-nine, shall be used in all public schools 



45 



of the state, and the state board of education shall have dis- 
cretion to recommend more than one series on such subjects 
as they may deem it desirable. 

Sec. 24. That as far as practicable the county board shall 
require all schools to be in session at the same time, and no 
school shall be in session at the close of the fiscal year. 

Sec. 26. That if the term of office of any treasurer shall 
expire on the thirtieth day of November during any fiscal 
school year, or if for any reason he shall hold office beyond 
the thirtieth of November and not for the whole of the cur- 
rent fiscal school year, he shall, at the time he goes out of 
office, file with the county board of education and with his 
successor a report, itemized as required by section 2560 of 
The Code as amended by this act, covering the receipts and 
disbursements for that part of the fiscal school year from the 
thirtieth of June preceding to the time at which he turns 
over the office to his successor, and his successor shall include 
in his report to the state superintendent the receipts and dis- 
bursements for the current fiscal school year. 

Sec. 27. That each treasurer of the county board of educa- 
tion, on going out of office, shall deposit in the office of the 
board of education of his county his books in which are kept 
his school accounts, and all records and blanks pertaining to 
his office. 

Sec. 88. The clerks of all criminal courts shall furnish^ 
immediately upon the close of the term, to the board of 
education of the county a detailed statement of fines, forfeit- 
ures and penalties which go to the school fund that have 
been imposed or which have accrued during the terms. Any 
clerk failing to comply with the duties herein prescribed 
shall be guilty of a misdemeanor, and shall, upon conviction, 
be fined or imprisoned at the discretion of the court. 

Sec. 39 That the county board of education are author- 
ized to purchase fuel and stationery, and to pay other neces- 
sary expenses which they may incur in the discharge of their 
official duties. 



46 



Sec. 40. That the conductor of an}^ county institute, acting 
with the county superintendent, may hold examinations and 
grant first-grade certificates, which shall be signed by both, 
and shall be valid for three years, subject to revocation by 
the chairman of the board of education and county superin- 
tendent of any county for immorality, incompetency and 
other reasons satisfactory to themselves, of which they shall 
be the judges, and such certificates may be made valid in 
any county by indorsement of the superintendent thereof. 

Sec. 41. That in addition to the requirement for obtaining 
a first-grade certificate, as now provided by section 2566 of 
The Code, as amended by Laws of 1885, the applicant must, 
from and after one year from the ratification of this act, 
stand a satisfactory examination upon some books on school 
-economy and theory and practice of teaching, to be selected 
by the state superintendent of public instruction. 

Note.— The superintendent has selected Page's Theory and Practice 
of Teaching in compliance with this section. See Appendix for arrange- 
ments for purchasing the book. 

Sec. 42. That in determining the right of any child to 
attend the white or colored schools, the rule laid down in 
section 1810 of The Code, regulating marriages, shall be 
followed. 

Sec. 47. By and with the consent of the county board of 
education, the committees of two or more contiguous dis- 
tricts in any city or town may, by a majority vote of the 
committee in each district, employ a practical teacher, who 
shall be know^n as the superintendent of the public schools 
of said districts, and he shall perform all the duties of the 
county superintendent as to said districts, and shall make to 
the county superintendent all reports that may be necessary 
to enable him to make his reports to the state superintendent. 

Sec. 48. That all laws and clauses of laws inconsistent 
with the provisions of this act are hereby repealed. 

Sec. 49. That this act shall be in force from and after its 
ratification. 

Ratified the 11th day of March, A. D. 1889. 



47 



CHAPTER 200, LAWS 1889. 

AN ACT TO ABOLISH THE WHITE NORMAL SCHOOLS OF THE 
STATE, AND TO PROVIDE FOR HOLDING COUNTY INSTI- 
TUTES THROUGHOUT THE STATE. 

The General Assembly oj North Carolina do enact : 

Section 1, That the eight normal schools heretofore estab- 
lished for the whites are hereby abolished, and the four 
thousand dollars ($4,000) heretofore appropriated to said 
schools is hereby appropriated for the purpose of holding 
county institutes and conducting examinations of teachers, 
and for such other work for the instruction of teachers as 
may be deemed advisable in the various counties of the state. 

Sec. 2. That the state board of education shall make all 
needful rules and regulations, and shall provide for the hold- 
ing of the institutes in all the counties of the state as often 
as practicable, and the money to defray expenses shall be 
paid as the said state board of education may direct out of 
the fund appropriated by this act. 

Note. — The four thousand dollars appropriated by sections 1 and 3, 
above, was by section 8 of chapter 139, Laws of 1891, taken from the 
maintenance of the institute work provided for in this chapter and 
applied to the support of " The Normal and Industrial School," for 
white girls, at Greensboro, N. C. Hence, the institute work cannot be 
prosecuted under this chapter, except by such funds as may be donated 
for the purpose by the general agent of the Feabody fund, or by others 
so disposed. When so donated and conductors are appointed, the gen- 
eral provisions of this chapter are applicable, and counties in which 
institutes may be held are bound by the provisions of this chapter. 

Sec. 3. It shall be the duty of the county superintendent 
to assist in the institute work, and the county board of edu- 
cation shall provide a suitable building and defray all 
expenses except the salary and traveling expenses of the 
instructors employed by the state board. 

Sec. 4. It shall be the duty of all white public school 
teachers of the county in which the institute is held to attend 
continuously the sessions of said institute, and on failure so 



48 

to do, without satisfactory reasons, they shall not be certified 
as teachers for the ensuing } ear ; and in case an institute is 
held while the schools are in session in any county, they shall 
be suspended during the session of the institute. 

Sec. 5. At the close or during the sessions of every insti- 
tute, the conductor thereof, in connection with the county 
superintendent, shall hold written examinations of all public 
school teachers, white and colored, who may apply, and shall 
grant first and second grade certificates, which shall be signed 
by both and be good for three years in the county in which 
the institute is held, and in any other county of the state, 
when endorsed by the county superintendent thereof; but 
the said certificates shall be subject to revocation by any 
county superintendent for immoral conduct. 

Sec. 6. The state superintendent may, in his discretion, 
send out from his office questions for the examinations of 
teachers, which, when sent, shall be used by the county 
superintendents in their regular examinations, as specified 
in the public school law. 

Sec. 7. This act shall be in force from and after its ratifi- 
cation. 

Katified the 11th day of March, A. D. 1889. 



CHAPTER 169, LAWS 1891. 

AN ACT TO PROVIDE FOR THE STUDY OF THE NATURE OF 
ALCOHOLIC DRINKS AND NARCOTICS, AND OF THEIR 
EFFECT UPON THE HUMAN SYSTEM, IN THE PUBLIC 
SCHOOLS. 

The General Assembly of North Carolina do enact: 

Section 1, That the nature of alcoholic drinks and nar- 
cotics and special instruction as to their effect upon the 
human system in connection with the several divisions of the 
subject of physiology and hygiene shall be included in the 
branches of study taught in the common or public schools 
in the State of North Carolina, and shall be studied and 



49 



taught as thoroughly and in the same manner as other like 
required branches are in said schools, by the use of text- 
books in the hands of the pupils, and orally in case of pupils 
unable to read, and shall be taught by all teachers and 
studied by all pupils in all schools in this state supported 
wholly, or in part, by public money. 

Sec. 2. That the text-books used for the instruction to be 
given in the preceding section for pr.mary and intermediate 
grades shall give at least one-fourth of their space to the 
consideration of the nature and effect of alcoholic drinks and 
narcotics, and the text-books used in the higher grades of 
the public schools shall give at least twenty pages to the 
consideration of this subject. 

Sec. 3. That no certificate to teach in the public schools 
in this state shall hereafter be granted to any applicant who 
has not passed a satisfactory examination in the study of the 
nature of alcoholic drinks and ijarcotics, and of their effect 
upon the human system in connection with the several 
divisions of the subject of relative physiology and hygiene. 

Sec. 4. That it shall be the duty of the proper officers in 
control of any school described in the first section of this act 
to enforce the provisions of this act, and any such officer, 
school director, committee, superintendent, or teacher who 
shall refuse or neglect to comply with the requirements of 
this act, or shall neglect or tail to make proper provisions for 
the instruction required and in the manner specified by this 
act for all pupils in each and every school under his control 
and supervision shall be removed from office, and the vacancy 
filled as in other cases. 

Sec. 5. That this act shall be in force and take effect from 
and after the first day of August, 1891. 

In the general assembly read three times, and ratified this 
the 27th day of February, 1891. 

Note. — The county supeiintendents will examine the teachers as 
required by this statute and issue certificates upon the same basis of 
grading as is required by the general law as to other branches. 

4 



CHAPTER 372, LAWS 1893. 
Ax 

AN ACT TO CERTIFY A« TEACHERS IN THE PUBLIC SCHOOLS 
OF THE STATE THE GRADUATES OF PEABODY NORMAL 
COLLEGE OF NASHVILLE, TENNESSEE. 

The General Assembly of North Carolina do enact : 

Section 1. That the graduates from Peabody Normal Col- 
lege, Nashville, Tennessee, in the degree of Licentiate of 
Instruction, and any higher degrees conferred by said insti- 
tution, shall be recognized in this state as certified for life as 
teachers in any and all public schools. 

Sec. 2. That this privilege is subject to revocation by the 
state superintendent of public instruction, or by the state 
board of education, afc his or their discretion, for cause. 

Sec. 3. That this act shall be in force from and after its 
ratification. 

Ratified the 6th day of March, A. D. 1893. 

Note. — Any conduct wliich would be good cause for revoking a cer- 
tificate granted to a teachir by a county sujierintendent of public 
instruction, would be good cause for revoking the privilege granted by 
this act. Any county superintendent or county board of education 
having knowledge of such conduct by any graduate of said college, 
teaching in the state, will report the same, with proper proofs, to the 
jstate superintendent, cr to the state board of education. 



SI 



CHAP.TER 69, LAWS 1893. 

AN ACT TO REQUIRE THE COUNTY SUPERINTENDENTS OF 
PUBLIC INSTRUCTION TO SECURE INFORMATION AS TO THE 
NUMBER OF DEAF, DUMB AND BLIND CHILDREN IN THEIR 
RESPECTIVE COUNTIES. 

The General Assembly of North Carolina do enact : 

Section 1. That it shall be the duty of the- county super- 
intendent of public instruction to require of the school com- 
mittee of the various school districts in enumerating the 
number of school children, to make a statement in the report 
of the number of deaf, dumb and blind between the ages of 
six and twenty-one years, designating the race and sex, and 
the address of the parent or guardian of said children ; and 
the county superintendents of public instruction are hereby 
required to furnish such information to the principals of the 
deaf, dumb and blind institutions, and the superintendent 
of public instruction, in preparing blanks as directed in The 
Code, section three thousand three hundred and seventy, 
shall include questions and answers to which will furnish 
the information aforesaid. 

Sec. 2. That this act shall be in force from and after its 
ratification. 

Ratified the 2d day of February, A. D. 1893. 



APPENDIX— LIST OF TEXT-BOOKS, ETC. 



Section 2539 of the school law requires the state board of education to 
recommend a series of text-books to be used in the public schools for a 
term of three years and until otherwise ordered ; and section 33, chapter 
199, Laws 1889, makes tha use of the books so recommended compulsory 
in all the public schools of the state. 

The contracts with the publishers require them to furnish the books to 
pupils at the cash retail price given opposite each book mentioned in the 
list below, and to make convenient arrangements to keep them for sale 
in ail the counties. 

The following is the list as now revised, with the names of the pub- 
lishers : 

UNIVERSITY PUBLISHING (X). Contract 

Price. 

Holmes' First Reader, new edition $ .15 

Holmes' Second Reader, new edition _. .25 

Holmes' Third Reader, new edition .40 

Holmes' Fourth Reader, new edition 50 

Holmes' Fifth Reader, new edition 73 

Holmes' New History of the U. S 1.00 

Maury's Elementary Geography 55 

Maury's Revised Manual of Geography, N. C. edition 1.25 

Maury's Revised Pysical Geography 1.20 

Sanf ord's Primary Analytical Arithmetic 30 

Sanf ovd's Intermediate Analytical Arithmetic 36 

Sanford's Common school Analytical Arithmetic .64 

Sanf ord's Higher Analytical Arithmetic ..- 85 

Sanford's Elementary Algebra - 1.00 

THE J. B. LIPPINCOTT CO. 

Worcester's Primary Dictionary 48 

Worcester's New School Dictionary 80 

Worcester's Comprehensive Dictionary 1.40 

Worcester's Academic Dictionary*.... 1.50 

Worcester's Octavo Dictionary ..- 8.40 

E. H. BUTLER & CO. 

Goodrich's Child History U. S 60 

THE BAKER & TAYLOR CO. 

Stephens' History of the U. S 1.08 

~ AMERICAN BOOK CO. 

McGuflfey's Revised Eclectic Primer *. 10 

Harvey's Revised Elementary Grammar and Composition .45 

Harvey's Revised English Grammar 70 

Eclectic Copy-Books (Elementary). Per doz 80 

Eclectic Copy-Books. Per doz 1.08 

Swinton's Language Primer 28 



Harrington's Spelling-Book $ .20 

Harper's New Graded Copy- Books. Primary. 7 Nos. Per doz. 80 

Gram. Sch'l. 8 Nos. " .... 1.08 

Steele's Abridged Physiology 50 

Webster's Primary Dictionary 48 

Webster's Common School Dictionary .73 

Webster's High School Dictionary 98 

Webster's Academic Dictionary 1.50 

Webster's Counting- House Dictionary 2.50 

James' Southern Selections.. 1.10 

Page's Theory and Practice of Teaching 1.00 

A. WILLIAMS & CO. 

North Carolina Speaker. Cloth 50 

" " " Paper ' 40 

The North Carolina Spelling-Book ,20 

Williams' Beginner's Reader ..... .15 

Mrs. Spencer's First Steps in N. C. History .75 

Moore's History of N. C 85 

North Carolina Writing-Books. Per doz. 1.00 

LEACH, SHEWELL & SANBORN. 

Brand's Good Health for Children 30 

Brand's Health Lessons for Beginners 38 

Cobb's North Carolina Wall Map is recommended to committees who 
may desire to purchase a map under the provisions of section 8555 of 
the school law. It can be obtained of Messrs. A. Williams & Co., 
Raleigh, N. C, at $4.50. 

The publishers of Harvey's Grammars and of Harrington's Speller 
have agreed to take from the merchants all of Reed & Kellogg's Gram- 
mars and of Webster's Spellers that are in good condition, and put in 
their place Harvey's Grammars and Harrington's Spellers; and also to 
make reasonable exchange rates for the old books that are in the hands 
of the children. The county board of education, the county superinten- 
dent and the teachers will be expected to use all proper means to have 
the list-books used. 

Uniformity will save much of the time of the teachers and will enable 
them to advance their pupils much faster. Our school terms are very 
short, but uniformity of text-books will help much to make the schools 
efficient. For these and other reasons the general assembly have enacted 
that the books on the list " shall be used in all the public schools of the 
state." 

The publishers have arranged to put the list-books on sale with the 
University Publishing Co., 66 and 68 Duane street, New York, so that 
merchants can order all from one house with less trouble than if they 
were obliged to order separately from each house represented on the list. 

A reasonable profit to merchants is provided for on condition that they 
buy for cash and sell to the children at the list contract price for cash, 
and the University Publishing Co. will furnish blanks for the conveni- 



55 



ence of the merchants ia making orders. The boards of education and 
the cn\infcy superintendents should secure book-dealers in the different 
sections of their counties, so that the books may be within easy reach of 
the children. 

Messrg. A. Williams & Co., Raleigh, N. C, have also agreed to sellthe 
books to dealers on favorable terms, and they will also furnish order 
blanks. 

"The North Carolina Spelling-Book" and "Williams' Reader for 
Begir.ners,'' published by Alfred Williams &Co., Raleigh, N. C, were 
adopted with the understanding tliat the y.ul>lishers did not wish these 
books to displace any books on the state list, and did not wish to have 
the school law requiring the use of books recommended by the state 
board of education to be enforced as to the "North Carolina Spelling- 
Book " and " Williams' Reader for Beginners," but they desired that any 
teacher who found a place for these books in a public school might have 
permission to use them in such place and not to displace other books. 
They agreed to place the books in the depository with the University 
Publishing Co., New York, at the prices named in the list. 

It will therefore be convenient to obtain the books, and a reasonable 
profit being provided, there ought to be no difficulty in securing mer- 
chants to keep them on sale. 




This diagram shows the plan and size of a convenient school-room for 
60 pupils seated at double desks. The school-room proper is 32 feet by 
29 feet. 

A full-sized double desk occupies a floor space equal to 4 feet in front 
by 2i feet in rear. The side aisles are 3^ feet wide; inside aisles 2 feet; 
rear aisle 3^ feet. 



56 



Double desks should be placed in every school-house. If the money is 
not in hand to purchase such as are offered by dealers in school furni- 
ture, very inexpensive one^s can be made out of boards by any carpenter. 
Every pupil should not only have a comfortable seat, but every seat 
ought to have attached to it a writing-desk and a shelf for books. 

The plan of the house is easily understood, and hill of lumber can be 
made out by any v^'orkman. It contemplates five (5) windows in main 
room and two in the vestibule. 

C represents location of chimney. 

D represents location of doors. 

T represents location of teacher. 

V represents vestibule, which it is very desirable to have as a place to 
deposit hats, cloaks, etc. 

S represents spaces occupied by the double desks, 4 feet by 2^ feet. 

The height of story should not be less than 12 feet; each of the win- 
dows in the school-room should contain a glass surface of not less than 
6 feet by 2h feet, and should be placed not less than 3^ feet from the 
floor. 

A chimney and fireplace are advised. The cost is nut much more 
than the cost of a flue running through the roof, and the chimney is 
much safer. Besides, the chimney is very valuable as a ventilator, and 
it affords the draft for stove connections, if heating by stove is preferred. 
The chimney should be built with a separate flue for stove. 

In case a stove is used, it should be surrounded, or partly surrounded, 
by sheet iron to protect the pupils who sit near il from too great direct 
heat. 

The Box Frame is the simplest and cheapest style of building a house 
of sawed lumber, but it is not so comfortable as the ordinary framed 
house, weather-boarded and ceiled or plastered. The latter is specially 
recommended, because the ceiling or plastering fui-nishes excellent sur- 
face for blackboard. Perhaps most districts will find ceiling cheaper. 

The house should be located so that the chimney will be at the east 
end. If it is so located, there will be three windows on the north and 
only two on the south, and all favorably placed for pleasani lighting. 
There are other obvious reasons for placing the house east and west. 

At a few dollars more expense, the vestibule can be cut into two 
rooms, one of which may be used for male and the other for female 
pupils. It is desirable to have at least one private room. This arrange- 
ment will require two entrance doors instead of one. 

By a little crowding 64 or 68 pupils can be accommodated in a house 
of this size. If more room is needed, all that is required is to extend the 
length of the house. Every 2^ feet of extension will make room for 4 
desks and 8 pupils. 

If it is found desirable to have another room to accommodate more 
pupils and an assistant teacher, it can be conveniently added to the east 



57 



end of the house, and the same chimney can be used for stove connec- 
tions. 

But whatever variations from this plan may be deemed advisable, it 
must ever be remembered that every pupil must have a comfortable seat 
and writing facilities connected therewith. All good methods now 
recognize that little children must use slates and learn to write while 
they are learning to spell and read in the elementary books. 



FORM OF CONTRACT WITH TEACHER. 

This memorandum of an agreement, entered into this day of . . * , 

18 , between , .. , , committeemen for 

District No..., race, of county, N. C, and a teacher 

holding a grade certificate. Witnesseth: That the committee 

aforesaid agree to employ as a teacher of the public school in 

district for race of :. county, N. C, and to pay him at 

the rate of dollars per school month while he is conducting said 

school. And the said agrees faithfully to perform all the 

duties of a public school teacher in said district, and to keep a register 
according to law, and return it to the school committee at the close of 
the term. 

It is understood that this contract is made subject to the limitations 
and conditions of the public school law. The length of the term shall 

be months, but the school shall close whenever the apportionment 

is exhausted. 

In witness whereof, the said parties have hereunto set their hands the 
day and date above written. 



Committee. 



Signed in duplicate, each ) 

pai-ty keeping a copy. [ , Teacher. 



INDEX. 



Apportionment by state treasury, section 2535. 

by county board, sections 2551, 2552. 
Auditor to keep separate account, section 2536. 

to make tax-lists, section 9, Law of 1889. 
Blanks to be furnished, section 2570. 
Census, when taken, section 2579. 

Certificate, requisite for, section 2566, section 41, Law pf 1889. 
Clerk to furnish list of tines, section 38, Law of 1889. 
Committee, how elected and removed, section 2553. 

must sign all orders, section 2555. 

order other studies, section 2566. 

power to suspend teachers, section 2569. 

organize and take oath, .'sections 2576, 2577. 

body corporate, section 2578. 

employ and dismiss teachers, section 2580. 

to sign teachers' orders, section 2581. 

to receive or purchase sites — proceedings to condemn same, sec- 
tions 2582, 2583. 

to sell sites, section 2582. 

to deliver deeds to county board of education, section 2584. 

power to exclude immoral pupils, section 2588. 

power to arrange for pay pupils, section 2588. 

power to contract with teacher of private schools, section 2591. 

to take census, section 2579. 

conditions of giving order or making contract, section 26, Law 
of 1885. 
Contracts when not to be made, section 26, Law of 1885. 
County board of education, how elected, compensation, vacancies, office 

provided, section 2545. 
County board of education charged with general management of schools, 

obey instructions of state superintendent, section 2546. 
County board of education, body corporate, section 2545. 

to prosecute, section 2546. 

meetings, when held, .section 2547. 

term of office, section 2, Law of 1889. 

lay off districts, sections 2549, 2550. 

apportion school fund, sections 2551, 2552. 

change districts, section 28, Law of 1885. 

approve orders for school apparatus, section 2555. 

supervise county superintendent, section 2569. 



60 



County board of education to receive catalogue of teachers, section 
2572. 

supervise appointment of teachers, section 2580. 

record deeds, sectioa 2584. 

exclude immoral pupils, section 2588. 

make estimates for four mouths' scliool, section 2590. 

punish for contempt, section 652 Code, amended. 

meet county superintendent and treasurer, section 19, Law of 1889, 

purchase fuel and stationery, section 39. Law of 1889. 

receive list of .fines, section 38, Law of 1889. 
County institutes, when and how held, chapter 200, Laws of 18^9, sec- 
tions 2567, 2568. 

conductorsjand county superintendent to grant certificates, section 
40, Law of 1889. 
County superintendent of public instruction, how elected, removed, 
vacancies, how filled, election notified, section 2548. 

term of office, section 3, Law of 1889. 
Countyl^superintendent, secretary of county board, sections 2545, 2565. 

endorse orders for school apparatus, section 2555. 

hold^examinations, section 2566. 

charge of institute, section 2568, and chapter 200, Laws of 1889. 

visit schools, suspend teachers, obey orders of county board and 
state superintendent, section 2569. 

distribute blanks, section 2570. 

countersign teacher's orders, section 2571. 

deliver catalogue of teachers, section 2572. 

report to state superintendent, section 2573. 

record copy of report, section 2574. 

compensation, section 2575. 

power, to exclude pupils, sectiozi 2588. 

revoke certificates, section 11, l^aw of 1889. 

and chairman of hoard of education may discontinne any school, 
section 11, Law of 1889. 

meet county board and treasurer, section 19, Law of 1889. 
Day falling on Sunday, section 20, Ll^w of 1889. 
Deeds, blank to be furnished, section 2557. 

to be recorded, section 2584. 

to be delivered to county board, section 2584. 
Districts, how laid off, sections 2549, 2550. 

how changed, section 28, Law ol 1885. 

superintendent, how appointed, section 47, Law of 1889. 
Examinations, how conducted, section 2566, and chapter 200, Laws of 

1889, and section 41, Law of 1889. 
Fines, list to be furnished, section 38, Law of 1889. 
Oaths, by whom administered, section 2576. 



61 



Orders on treasurer, how issued, section 2555. 

when not to be issued, section 26, Law of 1885. 
Eegister of deeds to furnish abstracts, section 21, Law of 1889. 
Right to attend school, how fixed, section 43, Law of 1889. 
Secretary of state <,.o furnish copy of Laws and Code, 8ectionj27, Law of 

1885. 
Sheriffs to pay in money only, section 2563. 

to take duplicate receipts and disposition of same, section 2564. 

shall itemize, section 8, Law of 1889. 
Scho(4 fund paid to state treasurer, section 2543. 

fund paid county treasurer, section 2544. 

public defined, section 2588. 

private contract with, section 2591. 

to disturb or injure house a misdemeanor, section 2592. 

year when to begin, section 2587, and section 1, Law of 1889.* 

in session at same time to be continuous, none at close of year, 
section 24, chapter 199, Laws of 1889. 

white normals abolished, chapter 200, Law of 1889. 
Sites, proceedings to acquire, sections 2582, 2583. 
Solicitors to prosecute for penalties, section 2544 — note. 
State superintendent of public instruction, duties, sections 2540-'41-'42. 

to furnish blanks, section 2570. 

clerk, section 2593. 
Tax levied by general assembly, section 2589. 

levied by county commissioners, section 2590. 

local, sections 2654 and 2655 of The Code, as amended. 

lists, section 9, Law of 1889. 
Teacher's certificates, section 2566, and section 10, Law of 1889, chapter 

200, Laws of 1889. 
Teachers, how suspended, section 2569. 

salary, section 2580. 

render statement, section 2581. 

dismissal of pupil, section 2585. 

punishment of pupil, section 2585 — note. 

to keep record and report, section 2586. 

of any school to report, section 24, Law of 1885. 

contracts, section 26, Law of 1885. 

how to qualify, section 12, Law of 1889. 

to attend institutes, chapter 200, Laws of 1889. 
Text-books, section 2539 and appendix. 
Text-books, section 22, Law of 1889. 
Treasurer to be treasurer of county board, section 2554. 

to receive all funds, section 2554. 

bond, section 2554, and section 4, Law of 1889. 

compensation, section 25, chapter 174, Laws of 1885. 



62 



Treasurer to pay only certified orders, section 2555. 

to keep books, section 2556, and section 5, Law of 1889. 

furnish blank deeds, section 2557. 

produce books, section 2559. 

report to state superintendent, section 2560. 

keep books and receive money only, section 2561. 

penalty for failure to report, section 2562. 

to attend at ofiice of county board, section 25. Law of 1885. 

to meet county board and county .superintendenc, section 19, Law 
of 1889. 

term of office expiring, section 26, Law of 1889. 

deposit books, section 27, Law of 1889. 

state to pay warrants, section 2538. 
Warrants for apportionment from state treasurer, how issued, section 

2537. 
Sections 12 and 13 of chapter 214, Law^ of 1893. 
Chapter 174, Laws of 1S85, page 43. 
Chapter 199, Laws of 1889, page 45. 
Chapter 169, Laws of 1891, alcohol and narcotics. 
Chapter 372, Laws of 1893, life certificates. 
Chapter 69, Laws of 1893, census of deaf and dumb and of blind children. 

APPENDIX. 

List of text books, page 53. 

Form of teacher's contract, page 57. 

Plan of school-house, page 55. 



r 



■^-ArtK^ gT^''^''V2^^' ' 




5>o 



^x 




V 




^ 



^ 

r^ 



